Ballots to remain uncounted in MI and Stein blocked in Philly. Guest: Election integrity, law expert Paul Lehto says this proves 'only option is to get it right on Election Night'. Also: Trump taps climate denier, fossil-fuel tool for EPA...

IN TODAY'S RADIO REPORT: It's WAR!; New rules on fracking to protect drinking water --- same old objections from Republicans; The state's rights versus federal regulations canard; UK: Climate protesters clash with police; Smoke-bomb dropped on French nuke plant; PLUS: Connecting the Dots: Blocking Warren Buffet's coal trains on 5/5... All that and more in today's Green News Report!

RAW STORY's coverage of the news, and the release of the video demonstration of how to hack a Sequoia AVC Advantage electronic voting machine, began this way last week:

A team of computer scientists at University of California, San Diego, the University of Michigan and Princeton University announced a new way to electronically steal votes Monday.

"We wanted to find if a real criminal could do this, starting from scratch, with no access to source code or other closely guarded technical information," the announcer begins. "We faced several challenges: getting a voting machine, figuring out how it works, discovering a weakness, overcoming the machine's security features and constructing attack software."

"In the end we found that it is possible to undetectably change votes and that such an attack takes a lot less time and money than one might expect," the announcer said.

A Princeton professor was able to acquire five voting machines for just $82 that had been resold on a government surplus website. The acquired machines were originally sold by Sequoia Voting Systems.

Hacks of our electronic voting systems used to be big news. Now though, it's been done so many times, and is apparently so simple to do, that the news hardly registers in the corporate mainstream media (if it ever did in the first place). Yet, almost nothing has been done about virtually any of it to date.

We reported on the Princeton professor, Andrew Appel, acquiring the five Sequoia AVC machines two and a half years ago, that he was able to pick the lock "in seven seconds", and change the chips inside to do anything he might want the machine to do, including change votes after the close of polls on Election Day. The five machines that Appel purchased for $82 on the Internet were purchased by New Jersey just a few years earlier for $10,000 a piece. The state still uses the same hackable, 100% unverifiable voting machines, despite numerous failures during actual elections.

At the time of Appel's purchase, Sequoia Voting System had been touting their "tamperproof products, including ... the AVC Advantage," which, they said, "are sought after from coast to coast for their accuracy and reliability."...

It's been nearly a month since the New York Timesmisinformed readers by describing NJ Democratic Congressman Rush Holt's national election reform bill (H.R. 2894) by inaccurately writing that it "would require paper ballots to be used for every vote cast in November 2010."

As it's currently written, it will do no such thing. It won't be until 2014 that a paper ballot for "every vote cast" will be required.

Election integrity expert Ellen Theisen, of VotersUnite.org (who had previously endorsed the bill, until withdrawing the group's endorsement after a different provision was amended prior to final introduction), told us earlier this month she believed the Times' assertion, in the unbylined editorial, was a "glaring inaccuracy" and a "complete misrepresentation of the bill."

Election attorney John Bonifaz, director of VoterAction.org, which has fervently endorsed this version of Holt's bill, later concurred, in response to a request for comment from The BRAD BLOG, that the Times was inaccurate in its representation of the bill.

While the Times has yet to take note, or issue a correction, Holt himself has responded to our concerns by somewhat re-writing the bullet-point on his website --- which had previously offered inaccurate language describing the bill almost identical to the Times' mischaracterization --- in order to somewhat more accurately describe what the bill actually does...

It was a "glaring inaccuracy," according to VotersUnite.org's Ellen Theisen last week.

Yet, even though it's been more than a full week since the New York Times ran an editorial endorsing Rep. Rush Holt (D-NJ)'s new election reform bill (H.R. 2894), in which they included a huge factual error about the legislation, they have failed to issue a correction. Neither have they even bothered to respond to letters to the editor detailing the error, sent to them when we first pointed out the problem last week.

While several aspects of their editorial misled readers about the bill, as we detailed in our original article, one assertion made by the "paper of record" was just out and out incorrect, when they erroneously asserted the following:

Mr. Holt's bill would require paper ballots to be used for every vote cast in November 2010.

On that point, the Times is just plain wrong. Any reading of the bill would quickly reveal as much. Theisen would later call it a "complete misrepresentation."

While the bill, as currently written, would require Direct Recording Electronic (DRE, usually touch-screen) voting machines to print "paper trails" (otherwise known as "voter verifiable paper audit trails" or "VVPAT") by 2010, it decidely does not "require a paper ballot to be used for every vote cast in November 2010." Paper ballots for every voter will not be required by Holt's bill, as it's currently written, and as it's been introduced in the House, until 2014. That's two federal elections away, including one Presidential election. The Times is off by four years in their assertion.

That the NYTimes --- again, known as the "paper of record" for a reason --- would get something as important as that blatantly wrong in an editorial endorsing such a sweeping piece of legislation, is rather incredible in the first place. That they've not bothered to issue a correction, or even respond to a letter pointing out the error, is mind-boggling.

But their appears at least one reason --- though hardly an excuse --- that the Times might have gotten it so wrong. Congressman Holt makes the same wholly erroneous assertion about his own bill on his own Congressional webpage...

Due, in no small part, to the concerns expressed in our February analysis of the January draft version of this year's Election Reform bill being introduced by Rep. Rush Holt (D-NJ) in the U.S. House, along with a bit of "lobbying" his office for a key change after the publication of that article, the updated version of the bill [PDF], said by his office to be the "final" one before introduction, has been slightly --- one might even say, significantly --- improved to meet one of our major concerns.

Still, while there is a lot of much-needed reform in this federal legislation, there remain many concerns with it as well. So let's take a quick, updated look at the good, the bad and the ugly in the soon-to-be-introduced "final" version of Holt's "Voter Confidence and Increased Accessibility Act of 2009"...

From BlackBoxVoting.org's Bev Harris, on the section of the new Election Reform bill being proposed in the U.S. House by Rep. Rush Holt (D-NJ), which would federally institutionalize secret software for vote counting, and the requirement of non-disclosure agreements for those who are lucky enough to be allowed permission to examine it...

I've been engaged in debate in private listservs on the so-called "new" Holt Bill, which is basically exactly the same as the old Holt Bill, and every bit as much a danger to our liberty as the other Holt Bill.

In fact, clause for clause, it's pretty much the same. Now, one wonders, in a new administration and with new political realities, why would one put forth a bill that supports secret vote counting?

The Holt Bill, like the persistent reappearance of Internet Voting proposals, reminds me very much of the process corporations followed in the late 1800s while grabbing "corporate personhood." They kept coming back to the well, year after year, defeat after defeat, until one year, someone fell asleep at the wheel and corporations grabbed the "right" to personhood.

What we are seeing in elections today is the surreptitious dismantling of self-government. Heck, if corporations can be persons, why not just choose our decisionmakers and in fact, just vote for us?

Well, we wouldn't allow that, because we'd know that is actually just slavery, giving up our inalienable right to self-government. So it must be done surreptitiously.

Last week, we analyzed the latest draft version [PDF] of Holt's soon-to-be-introduced "Voter Confidence and Increased Accessibility Act" bill in depth. We detailed the dangers of its provisions allowing for secret software --- which even he and his office admit have been included in the bill because Capitol Hill lobbyists from "the proprietary software industry...won" the battle over full software and hardware disclosure --- along with Holt's continued insistence on allowing for the use of unreliable, unverifiable touch-screen voting devices.

The BRAD BLOG has covered your electoral system, tirelessly, fiercely and independently for years, like no other media outlet in the nation. Please support our work, which only you help to fund, with a donation to help us continue the work so few are willing to do. If you like, we'll send you some great, award-winning election integrity documentary films in return! Details on that right here...

Congressman Rush Holt (D-NJ) is preparing to drop a new version of the "Voter Confidence and Increased Accessibility Act" legislation which met so much resistance during the last Congress from both Election Integrity advocates and those opposed to any reform whatsoever alike.

A recent draft of the new legislation [PDF], as obtained by The BRAD BLOG, is an improvement over last session's controversial HR 811 bill (which we covered, at the time, in exhausting detail, as indexed on this special coverage page) in that it would ban the use of Direct Recording Electronic (DRE) voting devices by the 2012 general election. However, the new bill fails to ban all forms of computerized touch-screen voting and, indeed, encourages it through federal funding to help jurisdictions move from DREs to similar, but non-tabulating, Ballot Marking Devices (BMDs).

We could well jump out of the frying pan, and into yet another frying pan, if the legislation passes as currently drafted.

BMDs, which often use touch-screens to allow voters to make selections, offer many of the same flaws and dangers that DRE voting systems do, such as: the possibility that votes may be flipped on the touch-screen to selections other than those chosen by the voter (as seen in state after state on DREs over the last several election cycles); failures to boot up and power outages which keep citizens from being able to vote at all; machine shortages which cause long lines, discouraging voters from waiting to vote; and the requirement for voters to attempt to verify the accuracy of their ballots on three separate occasions, before the computer-marked version of the paper ballot is actually cast.

Holt has offered The BRAD BLOG a fairly puzzling response to our concerns, at least as we read it, which we'll share in full below.

Moreover, in addition to encouraging the use of troublesome, expensive, and hackable electronic BMDs, the new bill would federally institutionalize the ability of private election companies to keep their hardware and software from public review by requiring that anyone who wishes to examine the systems and source code for integrity, must show cause, get "approval" from a governmental body (largely, only scientists, academics, or election officials need apply) and sign a non-disclosure agreement before being allowed to do so.

While the bill offers some improvements over previous versions, the major flaws still inherent in the legislation --- as it's currently drafted --- will fail to ensure the security, accuracy, and transparency that American democracy requires and deserves. As a sweeping piece of (much-needed) federal reform, we'd better make sure that we get it right this time, since it'll be years, perhaps decades, before we get another bite at that apple should this legislation actually be signed into law this time...

[UPDATED: See end of article for information on who this "DHinMI" tool actually is.]

Markos Moulitsas and the band of self-important anonymous losers that he's allowed to dominate the front page at the world's largest supposedly-Progressive blogsite continue their cowardly march towards full self-destruction.

Today's example comes by way of a comment from the anonymous (read: cowardly) "DHinMI", one of the loudest, most obnoxious and knowledge-challenged of Kos' stable of front-page sidekicks hell-bent on further discrediting the once-prestigious website:

"DHinMI's" comment, ironically enough, is posted in support of a front page article by Moulitsas himself today, in regard to a NYTimes article reporting that some 80 precincts in some of NYC's most African-American dominated precincts registered 0 votes for Barack Obama in their unofficial tallies. Kos then goes on to wonder if the article thus indicates that NYC's "voting machines don't spit out paper ballots? That should be SOP for these things."

NYC, of course, still uses the old lever machines which, of course, do not "spit out paper ballots", something that it seems great champions for the cause of Election Integrity, such as Kos and "DHinMI", ought to know by now.

What "should be SOP for these things," is that people who write at high-profile, influential Internet sites ought to learn what they're writing about before they write about them so that they don't mislead folks into believing they know what they're talking about.

Today's Daily Dose of Daily Kos loser-dom comes on the heels of yesterday's report in which they ominously threatened former CIA agent, Larry Johnson, with permanent banning should he have the temerity to continue his support of Hillary Clinton on their site. Why they seem hell-bent on proving Bill O'Reilly right over there remains a mystery to us, and further begs the question of how long it'll be before the dKos readers who tend to "get it", even as the front-pagers don't, will continue on at that place.

Previous BRAD BLOG-reported examples of dKos front-pagers, including "DHinMI" and Kos himself, busily destroying dKos' previously good name can be found here.

UPDATE: "DHinMI" isn't that anonymous after all. And whaddaya know, he's a member of the official Democratic Party machine. Knock us over with a feather...

Rep. Rush Holt (D-NJ) continues misleading America about his two different election reforms bills. On Saturday night's CBS Evening News (video here), he says, in regard to the upcoming Super Tuesday Election: "There will be states around the country where the election results will be in question, and there will be no way to resolve the question."

What he fails to mention is that, should either of his own two federal Election Reform bills be passed into law as currently written, there will still be states around the country where the election results will be in question, and there will still be no way to resolve the question, because he still refuses to include a ban on touch-screen voting machines in either of his two bills.

Incredibly, even his newly introduced "Emergency" bill (which we wrote about back here) would give money for paper ballots only to jurisdictions that don't already use unverifiable touch-screen (DRE) voting systems with so-called "paper trails"...

IMPORTANT NOTE FROM BRAD: In the above clip, Rep. Rush Holt (D-NJ) speaks about the necessity of a paper ballot for every vote cast, that can be "audited" after an election to ensure voter intent was recorded accurately. It should be noted, however, that while he plans to introduce a small "emergency bill" next week, which would give money to jurisdictions who wish to provide paper ballots to voters in the November 2008 election only, his larger Election Reform bill (HR811) that he has previously been pushing (and refers to near the end of the segment) does not, despite what the Congressman says, require paper ballots be used.

HR811 would continue to allow for DRE (usually called touch-screen) voting systems to be used, as long as they have a so-called "paper trail" printer. DRE "paper trails", however, do not provide a reliable, auditable record of voter intent. Only voter-marked paper ballots --- such as the ones used in New Hampshire --- provide such assurances of an auditable election result. See this Special Coverage page for more info on HR811.

DREs with or without so-called "paper trails" cannot be used safely in any American election. Period.

Rep. Rush Holt (D-NJ) is trying again. After learning a lesson or two, from his failed attempt to push an unpopular Election Reform bill (HR811) through Congress, he's scaling back in hopes of getting something passed that may help bring accountability to the 2008 election cycle.

We certainly applaud the effort in general, and note that it mirrors some of the simple, doable-by-'08 initiatives we've been speaking with a few folks in Congress about behind the scenes.

In brief, the bill we've been discussing, with several Congressional offices, after common ground discussions with a number of EI advocates, a representative from the National Association of Counties (NaCO) and even a Republican who had initially worked on the Help America Vote Act (HAVA), but disliked the resulting bill, would call for the following:

Money to states and/or counties who wish to move to paper ballot systems.

A requirement that all voters be asked before voting if they wish to vote on paper (and that those paper ballots actually be counted before unofficial tallies are released to the media).

Restrictions to no more than one DRE per polling place to marginally meet HAVA's mandate for voters with disabilities.

Holt's new bill would do a few, if not all of those things.

In his run at it this time, his bill would simply offer federal funding for jurisdictions who wish to move to paper ballots (that's good), and also offer money to help pay for post-election audits of those ballots...if they choose to do so. It also sets aside money for study of disability voting technology, as we'd also recommended.

Perhaps he has become a bit too timid after his previous unfortunate experience. Though the bill has not yet been introduced officially --- so language is not yet finalized, thus we'll hold full fire until we see the final product --- the audits recommended in his bill would be optional. As well, there are currently no requirements in his bill to mandate that Election Officials actually count those paper ballots, paid for with federal dollars, before releasing unofficial vote tallies to the media. That last is no small point (just ask Al Gore or Christine Jennings).

And most puzzling of all, in the bill which would only apply to the 2008 general election, there is also no requirement at all to make those federally-funded paper ballots available to all voters who'd like to vote on them.

It seems to us that if a state or county chooses to take federal money to pay for their paper ballots, attaching a few common sense strings, like the ones mentioned above, would be perfectly appropriate. Perhaps such changes can be made during the committee process or on the Senate side.

But hey, no bill's perfect, and this one certainly appears to be a welcome step, at least, in the right direction. It would help to begin turning the Titanic around by making the move to paper ballots much easier. And, most notably, it would not federally institutionalize secret software and Direct Recording Electronic (DRE, touch-screen) voting machines as Holt's previous HR811 would have. That bill, and the many concerns about it, was exhaustively covered by The BRAD BLOG over the past year. (See our special coverage here.)

After months of being told over and over by Rep. Rush Holt's (D-NJ) office, People for the American Way (PFAW), and many of the other most ardent supporters of Holt's flawed Election Reform Bill (HR811) that "there is no support in Congress for a ban on DREs," it looks like they must have been wrong. Sen. Bill Nelson (D-FL) and co-sponsor Sheldon Whitehouse (D-RI) filed such a bill today.

Here's the complete bill [PDF] which we've yet to read in full. But note this item from page 41, Line 7:

RESTRICTION ON USE OF DIRECT RECORDING ELECTRONIC VOTING SYSTEMS -
A direct recording electronic voting system may not be used to administer any election for Federal office held in 2012 or any subsequent year.

A ban on such machines, finally? Yes! By 2012? Unfortunately, yes. But let's overlook that last point for a moment.

In a statement issued by Nelson today, pointing out that DRE (often referred to as "touch-screen") voting systems are "unreliable and vulnerable to error," the senator says, "The bottom line is we have to ensure every vote is counted – and, counted properly...Citizens must have confidence in the integrity of their elections.”

The new language banning DREs was added today to a previous version of the same bill which Nelson had introduced originally in early Summer. This version "would be the first [bill] to seek a ban on electronic touch-screen voting machines in federal elections nationwide," according to his statement, which adds that the language was updated after a recent meeting with Florida's Republican Secretary of State Kurt Browning, once an ardent support of DRE voting systems.

When Nelson's original version of the legislation was introduced some months ago, it was largely a "clone version" of Holt's original HR811 introduced in the House, but with a number of extra provisions addressing concerns of voter intimidation and suppression.

Little attention had been given to Nelson's bill at the time, since the Rules Committee was regarded as having jurisdiction for any Election Reform bills in the Senate, and the committee chair, Sen. Diane Feinstein (D-CA), had made clear she intended to introduce her own version of Election Reform as the Senate counterpart to Holt's. She eventually introduced S. 1487, which has been subsequently criticized by Election Integrity advocates as being even more flawed then Holt's much-criticized bill.

(FULL DISCLOSURE: We were invited to work on the Holt bill prior to its introduction, and succeeded in adding several much-improved provisions. Yet the bill, as currently written --- and far more so since being drastically watered down throughout the committee process --- has failed to garner our support.)

DREs: "Not a Reasonable Voting System"

Neither Feinstein's nor Holt's bill had called for a ban on DRE voting systems, however, despite an outcry among Election Integrity advocates and a host of computer scientists and security experts who argued that DREs were vulnerable to hacking, non-transparent, prone to error, antithetical to democracy, and thus simply could not be used safely in elections. With or without a so-called "Voter Verified Paper Audit Trail" (VVPAT) printer attached.

Johns Hopkins computer professor Avi Rubin testified earlier this year that "after four years of studying the issue, I now believe that a DRE with a VVPAT is not a reasonable voting system."

Stanford professor and VerifiedVoting.org founder David Dill, arguing in favor of the Holt bill, admitted, "I would personally prefer to see optical scan machines used nationwide."

And former legislative director of VoteTrustUSA.org Warren Stewart, now also of VerifiedVoting, had told a Senate panel earlier this year that while there were disagreements among some in the EI movement, most had agreed that touch-screen systems must not not be used. "While this broad based movement embraces a wide range of proposals and positions," he testified, "it is unified in the conclusion that the direct electronic recording of votes to computer memory is inimical to democracy."

And yet, all three of the above advocates, along with many others, continued to argue --- while failing to offer any actual evidence for the claim --- that there was simply no support for the idea of a DRE ban in either house of the U.S. Congress.

All the while, The BRAD BLOG had maintained that they, and the other Holt supporters, had fallen victim to a hoax by People for the American Way (PFAW). The popular public advocacy group had long pushed the unsupported notion that there was no congressional support for such a ban, in order to see the bill passed specifically without such a ban. It was one of several false notions being forwarded by the group in favor of the bill, as we argued both here and at Alernet early in the year.

A careful examination of PFAW's on-the-record statements, and numerous on and off-the-record conversations with their Executive Director and legislative leaders by The BRAD BLOG over many months, revealed that PFAW (almost inexplicably) has actually been advocating in favor of the use of dangerous DRE voting systems in American elections. It's fair to say that Holt's bill had thus been held hostage to ensure that such systems would not be banned.

But then came the fallout from the failed 13th Congressional District election last November in Nelson's home state, followed by California Sec. of State Debra Bowen's landmark scientific findings, Rep. Susan Davis's (D-CA) amendment this past summer, and a killer editorial from the New York Times as the tide began to slowly turn...

ED NOTE:The BRAD BLOG's Emily Levy sat down with Dennis Kucinich on Sunday, just before serving as a hand-counter for votes in the first Democratic San Mateo County Presidential Straw Poll. Results of that poll are below. Kucinich spoke about his plans to force a vote in the U.S. House on the Impeachment of Dick Cheney; on having officially removed his name as co-sponsor of Rep. Rush Holt's flawed Election Reform Bill; his interest in hand-counted paper ballots; and concerns about e-voting systems. As it turns out, however, his wife Elizabeth may have stolen the show with an impassioned speech on what America must do to restore "a rigged and a fake political system," which, she told Levy, is "very, very undemocratic."

===

Candidate Kucinich was surrounded by supporters after his speech to Democrats in San Mateo County, just south of San Francisco, over the weekend. One asked the U.S. House Rep (D-OH) about the failures of the current Congress to protect the Constitution. "If Congress did the right thing," he answered, "they would be talking … about impeachment."

At that point, I broke in with a question:

EMILY LEVY: What do you think it'll take for more of your colleagues to do the right thing?

REP. DENNIS KUCINICH: The American people: an outcry. That's what we ought to be talking about.

EL: What do they hear? What do they hear? I mean, I hear the American people screaming. How come they can't hear?

DK: They aren't. You're exactly right. You know, I introduced House Resolution 333 because I heard from the American people and they said they wanted some response to make Dick Cheney accountable for the statements that he made that took us into a war based on lies. And the statements he made that would take us into a conflict against Iran. Again, more lies.

The President is now openly invoking the specter of World War III with respect to Iran. He ought to be held accountable also. I'm the only member of Congress who stepped forward on the issue of making Dick Cheney accountable. And now we have 21 members who've joined me. That's a step in the right direction. But I'm going to go beyond that. I'm going to call a privileged resolution, at which point, would force a vote --- at least if it's only on a procedural motion --- members are going to have to confront this issue of impeachment. They're not going to escape it. This is a question of defending our Constitution. It really is.

(In a follow up phone call with the Congressman last night, I asked when he intended to introduce the privileged resolution in the House. He said it would happen in "the next few weeks," but couldn't be more specific. Now back to San Mateo...)

Kucinich burst into laughter when I showed him the teabag tag hanging from my shirt pocket. I praised his ingeniously deadpan appearance on The Colbert Report. He searched around in his jacket pocket for his mini-Colbert but was unable to produce the little guy.

While I waited for my turn to speak with Kucinich alone, I spoke with his wife, Elizabeth, who was "enjoying the last day of my twenties." (Happy birthday, Elizabeth.) I asked her the question that was really on my mind: Knowing what he knows about the theft of the last two presidential elections, why would her husband run for president?

After she said, "Are you kidding?" several times with increasing alacrity, I asked if I could turn on my voice recorder...

We were in Nashville a couple of months ago, at a meeting of the Davidson County Board of Elections. We tried to warn them that they would run into trouble with their ES&S touch-screen voting machines, probably sooner, rather than later. But the Kool-Aid drunk Republicans on the board would have none of it. "Paper ballots are the biggest scam ever perpetrated on America," one of them told us. To our astonishment, he actually seemed to believe himself.

That GOP blend must be some very tasty Kool-Aid.

Meanwhile, the nice Democrats who were in the majority on the board sat there and said and did nothing. They were very very nice. And completely clueless.

And now, next door in Memphis (Shelby County), where they use equally bad Diebold touch-screen machines, Mayor Willie Herenton is calling for an end to Early Voting, which began this week, as reports of votes flipping began coming into his office just after polls opened...